United States Ninth Circuit

Seattle's parade ordinance, which gives its police chief, when issuing a parade permit, the discretion to require marchers to use the sidewalks instead of the city streets, is facially unconstitutional as the ordinance by its terms gives the police chief unbridled discretion to force marchers off the streets and onto the sidewalks, unchecked by any requirement to explain the reasons for doing so or to provide some forum for appealing the chief's decision.

Appellate Information

• Argued 02/05/2008
• Decided 12/12/2008
• Published 12/12/2008

Judges

• Before:  RAYMOND C. FISHER, RONALD M. GOULD and SANDRA S. IKUTA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Michael K. Ryan (argued), Ryan Drew Redekopp and Alex Wagner, Preston Gates & Ellis LLP, Seattle, WA, and Aaron H. Caplan, American Civil Liberties Union of Washington, Seattle, WA, for the plaintiff-appellant.


• For Appellees:
  
• Carlton W.M. Seu (argued), Assistant City Attorney, and Thomas A. Carr, City Attorney, Seattle, WA, for the defendants-appellees.